Jurist

Bolivia: newspapers protest proposed racism law

The majority of Bolivian newspapers engaged in a joint protest Oct. 7 against a proposed anti-racism law that they claim would damage freedom of expression. The newspapers (e.g. Los Tiempos of Cochabamba) shared one message on their front page—"There is no democracy without freedom of expression"—in response to a decision by President Evo Morales to maintain certain provisions of the legislation. Article 16 of the bill currently being discussed by the Senate, and which was already passed by the Chamber of Deputies, would establish economic sanctions and allow for media outlets that publish information considered by the government to be racist or discriminatory to be closed. Bolivia's journalists and media outlets maintain that they support the struggle against racism but that they cannot accept provisions that would limit freedom of expression. They worry that the bill could be used for political ends to censor unfavorable opinions.

Ex-Gitmo detainee sues US over torture allegations

A former Guantánamo Bay detainee filed a lawsuit Oct. 6 against the US military alleging that he was subjected to torture. Abdul Rahim Abdul Razak al-Ginco, a Syrian national who prefers the surname Janko, filed suit in the US District Court for the District of Columbia—the same court that ordered his release last year—claiming that US military officials repeatedly tortured him during his nearly seven-and-a-half years at Gitmo. The suit names 26 current or former members of the military who are allegedly responsible for the tortuous acts, such as urinating on Janko, slapping him, threatening him with loss of fingernails, sleep deprivation, extreme cold and stress positions. Janko was released in June 2009 when Judge Richard Leon found that he could no longer be classified as an "enemy combatant" and that the government's argument against him defied common sense. Prior to being detained by the US military, Janko was imprisoned and tortured by al-Qaeda for 18 months over suspicions that he was an American spy.

Obama administration invokes state secrets to block targeted killings lawsuit

The Obama administration on Sept. 24 filed a brief with the District Court for the District of Columbia, asking the court to dismiss a lawsuit challenging the legality of targeted killings of terrorism suspects. The lawsuit, filed by the father of US citizen Anwar al-Awlaqi, seeks an injunction to prevent the government from killing al-Awlaqi on the basis that it would be an extrajudicial execution. The Obama administration argues that this matter involves "non-justiciable political questions" to be decided by the executive branch and that litigation could divulge state secrets.

UN report finds Israel flotilla raid violated international law

Israel's interception of a Gaza-bound flotilla violated international law, according to a report released Sept. 22 by the UN Human Rights Council (UNHRC). After conducting numerous interviews with eye-witnesses and viewing other evidence, the fact-finding mission determined that Israeli forces committed several international law violations, including violations of the International Covenant on Civil and Political Rights (ICCPR) and the Fourth Geneva Convention. The mission also determined that Israel's interception of the flotilla was prima facie unlawful. The report recommends judicial remedies and reparations, including medical and psychological care to those who were tortured.

UN panel criticizes Israel, Hamas investigations into Gaza conflict

The UN panel of experts tasked with monitoring and assessing investigations into alleged war crimes during the 2008-2009 conflict in the Gaza Strip issued a report Sept. 21 criticizing the investigations being carried out by both Israel and Hamas, but positively assessing the work of the Palestinian Authority. According to the report, the Palestinian Authority's work in this area comports with international standards. However the work of Israel is assessed more harshly:

Iran: court sentences journalist charged with "warring against God"

A judge from Branch 26 of the Revolutionary Court of Iran on Sept. 18 sentenced Shiva Nazar Ahari, a journalist arrested following the 2009 presidential election, to six years in prison. Ahari was sentenced to three-and-half-years for warring against God, known in Islamic law as moharebeh, two years for conspiracy to commit a crime and six months for propaganda against the government. In addition to the jail sentence, Ahari was also ordered to pay a $400 fine or face 74 lashes. Ahari's conviction on the charge of moharebeh could have resulted in the death penalty. Her lawyer has stated that he will appeal the sentence.

US scientist charged with conspiracy to sell nuclear data to Venezuela

The US Department of Justice announced Sept. 17 that a US scientist and his wife have been indicted for conspiring to sell nuclear weapons information to an individual they believed worked for the Venezuelan government. Pedro Leonardo Mascheroni and his wife, Marjorie Mascheroni, were arrested that day by the FBI and appeared before the US District Court for the District of New Mexico. The defendants used to work at the Los Alamos National Laboratory (LANL) and possessed classified nuclear weapons knowledge. According to the indictment, between March 2008 and August 2009, Pedro Mascheroni, who is a naturalized US citizen, negotiated a deal with an undercover FBI agent he believed to be a Venezuelan official in which he would help the country develop a nuclear weapon in exchange for over $700,000. No actual members of the Venezuelan government have been charged in the case. If convicted, the couple faces a maximum sentence of life imprisonment.

US appeals court upholds verdict for Shell in Nigeria protest deaths

Judges for the US Court of Appeals for the Second Circuit in New York City Sept. 17 upheld a verdict in favor of Royal Dutch Shell PLC in a case brought by families of Ogoni protesters who were executed by the Nigerian government in 1995, apparently in retaliation for speaking out against the oil company. The court ruled that the Alien Tort Claims Act (ATCA) does not apply to corporations, relieving Shell of liability for alleged complicity in human rights abuses in Nigeria. The plaintiffs had accused Shell of enlisting Nigerian military forces to help stop protests in the country, resulting in the violation of human rights among the Ogoni people.

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